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All businesses
need to be aware of how competition law effects the
way they operate within a particular market: what you
can and can’t do, what your competitors can and
can’t do, and what the ACCC can do.
The legislation also sets general "fairness"
parameters for commercial conduct, outlawing "misleading
or deceptive conduct", and "unconscionable"
conduct: unfair conduct where one party has an advantage
over the other. And there are product liability issues
such as product recalls.
It is essential to minimise the risk of infringements,
which can mean heavy fines and carry other public relations
and cost implications. Marketing and sales staff in
particular have to be conscious on the risk areas in
advertising and product promotion generally, and in
refusing supply or terminating distributors.
Every business has its own issues, its own risks, depending
on its position in its market and the activities of
competitors. "One size" does not fit all.
Coleman & Greig has specialist expertise in the
area of trade practices and has been involved for many
years in advising and representing clients in the following
areas:
- action against anti-competitive
conduct engaged in by others in the market
- competition law implications of
clients’ business activities including:
- misuse of market power
- price fixing and resale price maintenance
- exclusionary arrangements
- exclusive dealing and refusals to supply
- disputes about misleading or deceptive
conduct in commercial dealings
- the parameters of "unconscionable
conduct"
- implementing and managing product
recalls
For further information contact:
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